The “Minor Issue” is no longer minor: Italian authorities are overturning previous denials and reopening citizenship application proceedings.
Public administrations implement the new interpretation of the “minor issue”
Following the judgment of the Italian Court of Cassation (United Sections), which ended the long-standing judicial debate surrounding the so-called “minor issue”, the Italian Ministry of the Interior issued a circular providing public administrations with guidance on how to apply the Court’s new interpretation.
Note: the Circular has been published through the Ministry of the Interior’s official channels on August 26th, 2026.
Under the new interpretation, children born abroad as dual citizens – Italian by descent and foreign citizens by birth in a country applying the ius soli principle – retain their Italian citizenship even if their Italian parent naturalized as a foreign citizen while they were still minors.
Please note that this applies to cases in which the Italian parent naturalized as a foreign citizen between July 1st, 1912, and August 15th, 1992.
What if your citizenship application was already denied?
Applicants whose applications were denied exclusively on the basis of Articles 7 and 12 of Law No. 555/1912, (pursuant the instructions provided by Circular No. 43347 of October 3rd, 2024), may request that the competent authority reassess their case in light of the new interpretation.
It is important to note that the application will be re-examined under the legal framework applicable at the time it was originally submitted.
Therefore, if the application was filed before March 27th, 2025, the provisions and restrictions introduced by the recent citizenship reform will not be taken into account.
Please also note that the authority responsible for re-examining your application is the same authority that issued the original denial, even if you have changed your place of residence in the meantime.
How to request a re-examination?
If you received a denial based on the former interpretation of the “minor issue,” you should submit a formal request of re-examination in accordance with the instructions provided by the competent authority.
If your request is accepted, the relevant office should reopen your case, withdraw the previous denial, and ask you to resubmit any documents that may have been returned to you following the rejection of your application.
Mazzeschi Law Firm has been successfully assisting clients with formal requests for re-examination submitted to the competent authorities, providing support in preparing and/or drafting the official requests, as well as handling their formal submission where applicable.
Can your case be re-examined?
If you would like to know whether your case falls within those that may be re-examined by the relevant Italian authorities, please contact our team. We would be happy to assess your situation and assist you throughout the process.
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Article written by Giuditta De Ricco and Valentina Giannessi
